Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-21
dained by that instrument, and to urge
it's immediate and radical amendment;

and each legislature since has devoted
/ much valuable time to the discussion o.
amendments, which eliminated in 1881
by the submission of proposition of ar
amendment to the people, to be rejected
| by small majority, at special election
in which only fractional part of the
voters of the state participated.
The practical operation of our ludicla
system for the past ten years has de-
monstrated that our supreme court, com
posed of only three judges, is unable tc
dispose of the business which comes be-
fore it, and that, too, without any fault
on the part of its inCumbents. Various
causes are assigned for this accumulation
and it may be well for your honorable
bodies, by appropriate methods, to in
vestigate and ascertain, as far as it may
be practicable, what is contributing to
this condition of affairs, in order that the
proper remedy may be applied.
1t it be found that our inferior tri6u-
nails are improperly constituted, and that
this detect has precipitated an unneces-
sary burden upon any Of our higher
coults, it would be the part of wisdom TO
reform and reorgenize the lower courts
so as to advance and enlarge their eff
cheney, and thus avoid the evils under
which we labor.
If it be found that our lower courts, as
st present organized, are properly adapt
ed TO our interests and need no change,
and that the delays in the disposition OF
appeals is attributable solely to the made
quate force of the higher courts, then it is
equally our duty to apply remedy there,
aud to provide additional force and facili-
ties for the dispatch of this important
public business.
The loss to the state and its people by
delay in the disposition of cases on APP
peal is incalcalable, but if it could be es-
timated with any approximate degree of
certainty it would be found that such loss
would far more than reimburse the state
for any additional OUTLAWS in the way of
salaries.
1t has not unfrequently happened within
my own knowledge that appeals have
been prosecuted with solvent bonds in
cases involving valuable rights of prop
erty to the either, and the delay of de-
cision was so protrscted that the success
full litigant found at the close of the liti-
CATION that the sureties had become in
solvent, and the rights he had sued for
had failed to furnish him that speedy
remedy by due course of law which he
had right to expect and demand as q
return for his allegiance and taxes.
This delay in the administration of
justice is reproaCh to our civilization
and a stigma upon the efficiency of our
government, and should be removed as
speedily as possible.
Ii is apparent to every observing man
that under the existing system the cost
OF unlimited Continuances by agreement
and consequent repetition of officers
ices and contingent jail expenses; the
manifest abuse of the law designed to al
low reasonable pay to sheriff5 and at
tached witnesses when forced 20 leave the
of their residence, coupled with
lack Ct proper and certain punishment OF
those convicted of misdemeanors, by
forcing them tC pay or go to work, is
heapipg a burden upon the state and
counties for the administration OF our
laws simply enormous, yet all
to DE paid by the people, and suggestive
of the fact that real retrenchment and re-
form must necessarily begin at the bot
tom as well as At the top OF our present
system.
While it Is far easier to find fault with
any system or plan of procedure than 1t
is TO suggest the details of remedy,
doubtless there are some of your honOra-
BILE bodies VINO have already given serious
and anxious thought to this problem, and
VINO are prepared to submit matured
for your favorable considera-
ton.
The Bar Association of the state, at its
annual session during the last summer,
as l learn from the public prints, have
comprehensive plan of
and have appointed 8 com
mi tee Of its members to present the
same for legislative consideration, and
while l am not sufficiently familiar with
its provisions to speak advisedly as to
its utility, the high character of the dis
tingulshed gentlemen and lawyers who
have formulated it justify me in COM
it to your careful consideration,
and in expressing hope that it will &C
the most benefcent results for
the state if adopted.
PROHIBITORY AMENDMENT.
There are many conscientious, honest
advocates of prohibition as remedy for
the admitted evils of intemperance in our
state who believe that this is one of the
great practical questions which should
De decided by an appeal to the ballot box,
while there are others equally conscien-
tious and patriotic who do not believe
that real temperance can be decreed, Gre
lted or produced bv any forcing process
lnder the operation OF prohibitory enact
nents.
In considering this question it is proper
We should bear in mind that in our coun-
Try the people are recognized as the orr
lin and seat of political power, and that
flow from them instead
If being concessions to them-be- |
n simply q rule of action de-
ined by themselves for themselves.
This great and universal principle is con-
aimed in he Bill of Rights, which de
,lares that all political power is inherent
n the people, and all free governments
Ire founded on their authority and insti-
uted for their benefit, and therefore they
lave at all times sn inherent aud indie
easible right to alter, reform, amend or |
ibolish their form of government in such |!
manner as they may think proper, and as
his is right that is better subject to |
Ibuse than to limitation, therefore sug-
,est to your honorable bodies the propri- |
:ty of submitting for public consideration |
uch an amendment of this character as
'ou in your wisdom may conclude is de- |
handed by the will of the people. The !
espective members of your honorable |
,odies are fresh from the people and |